HB 843 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0843-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to challenges to development orders; 2
amending s. 163.3215, F.S.; requiring a prevailing 3
party to show that the challenge to a development 4
order was frivolous before the prevailing party is 5
entitled to recover reasonable attorney fees and 6
costs; providing that intervenors are not entitled to 7
recover reasonable attorney fees and costs; providing 8
that intervenors may not recover certain attorne y fees 9
and costs; providing applicability; providing an 10
effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (c) of subsection (8) of section 15
163.3215, Florida Statutes, is amended to read: 16
163.3215 Standing to enforce local comprehensive plans 17
through development orders. — 18
(8) 19
(c)1. Upon showing that the challenge to the development 20
order was frivolous, the prevailing party in a challenge to a 21
development order filed under subsection (3) is entitled t o 22
recover reasonable attorney fees and costs incurred in 23
challenging or defending the order, including reasonable 24
appellate attorney fees and costs. 25
HB 843 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0843-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. An intervenor is not entitled to recover reasonable 26
attorney fees and costs under this paragraph, and may not 27
recover attorney fees and costs from an aggrieved or adversely 28
affected party. 29
Section 2. The amendments made by this act to s. 163.3215 30
do not apply retroactively to any challenge brought before the 31
enactment of chapter 2019 -165, Laws of Florida. 32
Section 3. This act shall take effect July 1, 2023. 33